Federal Gun Charges Under 18 USC 922(g): Felon in Possession Laws.

So your probably facing federal felon in possession charges and your ABSOLUTELY CONFUSED because you thought you paid your debt to society with previous conviction. Maybe police found gun in your car during traffic stop. Maybe there's allegations you owned firearm found at your home. Or maybe your just accused of "constructive possession" of gun that wasn't even yours. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because felon in possession under 18 USC 922(g) carries 10 YEARS in federal prison and if you have three prior violent or drug convictions, Armed Career Criminal Act mandates 15 YEARS minimum!

What Is Felon in Possession Under 18 USC 922(g)?

Let me explain the federal firearm prohibition destroying lives. Section 922(g) makes it unlawful for nine categories of prohibited persons to possess firearms or ammunition! Most commonly charged against felons but also applies to domestic violence misdemeanants, drug addicts, illegal aliens, fugitives, mentally ill!

The statute has NINE subsections for different prohibited categories! 922(g)(1) prohibits anyone convicted of crime punishable by more than one year! 922(g)(2) is fugitives from justice! 922(g)(3) is unlawful drug users! 922(g)(9) is domestic violence misdemeanants! Each carries 10 years maximum!

Here's what's really scary - In fiscal year 2024, there were 7,419 federal felon in possession convictions! 90.4% were for prior felony convictions! Average sentence was 71 months! This is one of MOST commonly charged federal crimes!

"Possession" is broadly defined! Don't need to own gun or have it on your person! Constructive possession satisfies statute - just need to know gun's location and have ability to control it! Gun at girlfriend's house where you stay? Constructive possession! Gun in trunk of car you're driving? Possession!

What Did Supreme Court Rule in Rehaif v. United States?

CRITICAL 2019 decision changing burden of proof!

Supreme Court held government must prove TWO knowledge elements: defendant knew he possessed firearm AND knew he belonged to prohibited category! 7-2 decision rejected government's argument that felon-in-possession is strict liability offense!

This means government must prove you KNEW you were a felon when possessing gun! If you genuinely believed prior conviction was misdemeanor or expunged or pardoned, Rehaif provides defense!

But courts interpret "knowledge" broadly! Prosecutors use circumstantial evidence - you served prison time, you were on probation, you had lawyer! Jury infers you MUST have known you were felon!

We use Rehaif aggressively! Prior conviction was old? Client may have believed rights were restored! State conviction dismissed or reduced? Shows lack of knowledge! Conviction was in another country? Client didn't know it counted as federal felony!

Post-Rehaif cases still challenging! Some courts find knowledge almost automatic if defendant served any prison time! But others require more proof! We exploit circuit splits to challenge knowledge element!

What Is Armed Career Criminal Act (ACCA)?